# C_2007269EN.01000702.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/7 |
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10.11.2007

EN

Official Journal of the European Union

C 269/7

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Judgment of the Court (Second Chamber) of 13 September 2007 (reference for a preliminary ruling from the Juzgado de lo Social de San Sebastián, Spain) — Yolanda Del Cerro Alonso v Osakidetsa (Servicio Vasco de Salud)

(Case C-307/05) (1)

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(Directive 1999/70/EC - Clause 4 of the framework agreement on fixed-term work - Principle of non-discrimination - Concept of ‘employment conditions’ - Length-of-service allowance - Inclusion - Objective grounds justifying a difference in treatment - None)

(2007/C 269/14)

Language of the case: Spanish

Referring court

Juzgado de lo Social de San Sebastian

Parties to the main proceedings

Applicant: Yolanda Del Cerro Alonso

Applicant:

Defendant: Osakidetsa (Servicio Vasco de Salud)

Defendant:

Re:

Reference for a preliminary ruling — Juzgado de lo Social San Sebastian — Interpretation of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Whether working conditions include financial conditions — Length of service allowance — Non-payment due to agreements between the staff trade union and the administration — Adequate and objective reasons

Operative part of the judgment

| 1. | The concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, and which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that it can act as a basis for a claim such as that at issue in the main proceedings, which seeks the grant to a fixed-term worker of a length-of-service allowance which is reserved under national law solely to permanent staff. |
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1.

The concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, and which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that it can act as a basis for a claim such as that at issue in the main proceedings, which seeks the grant to a fixed-term worker of a length-of-service allowance which is reserved under national law solely to permanent staff.

| 2. | Clause 4(1) of the framework agreement must be interpreted as meaning that it precludes the introduction of a difference in treatment between fixed-term workers and permanent workers which is justified solely on the basis that it is provided for by a provision of statute or secondary legislation of a Member State or by a collective agreement concluded between the staff union representatives and the relevant employer. |
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2.

Clause 4(1) of the framework agreement must be interpreted as meaning that it precludes the introduction of a difference in treatment between fixed-term workers and permanent workers which is justified solely on the basis that it is provided for by a provision of statute or secondary legislation of a Member State or by a collective agreement concluded between the staff union representatives and the relevant employer.

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(1)  OJ C 257, 15.12.2005.

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